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The 81st Legislature set a new record in bill filings, with 6,146 bills introduced by the March 13 filing deadline – 1,000 more bills than were filed in 2007. TCTA is tracking nearly 700 proposals that relate to public education, but only a fraction of these will survive the legislative process.

Money talk
The Legislature remains focused on money issues; the state budget is moving through the finance committees, and a special House committee (the House Select Committee on Federal Economic Stabilization Funding) is devoted to examining how the influx of federal funds from President Barack Obama's economic stimulus legislation could best be spent. Billions of dollars in new funding – some estimate as much as $20 billion including state dollars freed up by federal spending in other areas of the budget – could be available for education programs, but federal restrictions and political factors complicate the spending decisions.

Delays in the release of federal guidelines have led to a great deal of speculation and uncertainty about the kinds of programs that could receive the federal funding. Many lawmakers suggest that because the money cannot be expected to continue in future years, expenditures should be limited to one-time items or projects – such as reimbursement of costs associated with Hurricane Ike, or textbook purchasing (as the normal source of textbook funding, the Available School Fund, may not have the needed dollars this session to allow for textbook purchases). TCTA pointed out to the select committee that structural changes to Texas’ school finance system are sorely needed, and the influx of dollars could help jump-start the process this session.


Playing defense
In addition to helping identify funding needs, TCTA will be playing defense this session. Class-size caps have been under attack, though the first bill heard in committee that proposed to replace caps with a campus-wide average was amended to address teachers' concerns and retain the 22:1 limit. Bills have been filed that would eliminate the cap on the number of charters allowed in Texas; TCTA opposes the expansion of charter schools in the absence of consistent data demonstrating high quality. Other proposals of concern would allow a form of private school vouchers for certain special needs students, and exempt high-performing campuses from many provisions of the Education Code.


TCTA bills
TCTA has initiated a package of bills to benefit teachers, including the following:


HB 462 by Eissler / SB 522 by Averitt
Provides that an employee can designate the order in which state and local personal leave are taken, ensuring that employees who have a preference regarding whether they are using state or local leave will have the ability to choose.


HB 1130 by McReynolds
Extends the state minimum salary schedule by five steps, phased in over a five-year period. Provides that school districts are entitled to state aid in an amount needed to compensate them for additional salary costs incurred because of the extended schedule.


HB 1131 by McReynolds
Restores the three teacher workdays that were in law prior to 1995. Current law provides that districts determine the use of all non-instructional days; under this proposal, a teacher could not be required to participate in any activity other than instructional preparation, including parent-teacher conferences, on the teacher workdays.


HB 1137 by McReynolds
Expands 22:1 class-size limits to 5th grade.


HB 1364 by Eissler
Ensures that TRS-ActiveCare health insurance cannot be modified to exclude pre-existing conditions.


HB 1365 by Eissler / SB 1578 by Shapiro
Requires that a district previously employing a teacher, counselor, nurse or librarian shall, upon request, provide a copy of the employee’s service record to the current school district within 30 days of the request. Some districts have placed conditions on forwarding the service record, thus jeopardizing the teacher’s proper placement on the salary schedule.


HB 2137 by McClendon
Developed in conjunction with Rep. McClendon, this legislation ensures that employees nearing retirement will not face reduced benefits because of the 2005 law that revised the calculation of retirement benefits. That law provided that benefits would be based on the five highest years of salary rather than the three highest years. The bill provides that an employee retiring prior to Sept. 1, 2014, will have benefits based on the three-year calculation.


HB 2512 by Aycock
Requires that district grievance policies provide that an audio recording of any meeting or proceeding at which the substance of a grievance is being investigated or discussed can be made by an employee or the person conducting the meeting. The individuals must be informed of the recording before it begins.


HB 2662 by Darby / SB 1140 by Shapiro
Adds the regional teacher of the year as a non-voting member of each regional education service center (ESC) Director's council. Current law prohibits teachers from serving on the ESC boards.


HB 2817 by Madden
Provides that a teacher can initiate an Admission, Review and Dismissal (ARD) committee review of a special education student’s placement or behavioral intervention plan if the student's continued presence in the classroom threatens the safety of the teacher or other students.


HB 2856 by Aycock
Provides an enforcement mechanism by requiring the commissioner to establish and publicize a process by which a complaint can be made to the commissioner indicating the need for a special accreditation investigation.


HB 2911 by Allen / SB 1568 by Davis, Wendy
Provides an exception to the law that voids an educator’s contract if the educator does not have a valid certificate; ensures that a certificate/permit is not considered to have expired if the employee has completed the requirements for renewal and the expiration date is before SBEC takes action to approve the renewal.


HB 3173 by Allen / SB 1487 by Watson
Requires that the statewide plan for the delivery of special education services ensure that districts provide teachers of mainstreamed students with the following: training; assistance from appropriately trained personnel; relevant information in the student’s Individualized Education Program (IEP) prior to placement in the classroom; an opportunity to request staffing and intervention team meetings and meetings of the ARD committee; and the opportunity to participate in staffing and intervention team meetings and the relevant portion of ARD committee meetings. The plan must also ensure that the teacher receives training and/or assistance from appropriately trained personnel to perform necessary required tasks related to the student’s hygiene and care. Requires the establishment of a website to provide resources for teachers who teach students with special health needs.


HB 3307 by Eissler
Provides that a district’s student code of conduct must specify that consideration will be given to certain extenuating circumstances (such as intent, disciplinary history, etc.) as a factor in a decision regarding suspension, expulsion, or removal to a disciplinary alternative education program (DAEP). Provides that each campus must have a designated campus discipline officer (the principal or other administrator) who will be primarily responsible for maintaining student discipline.


HB 3503 by McClendon
Provides that up to 10 years of service in a proportionate retirement system (Employees Retirement System, Texas County & District Retirement System, Texas Municipal Retirement System, etc.) can count toward the Rule of 80 for TRS-Care purposes, for a teacher who has at least 15 years of actual service credit in the Teacher Retirement System.


HB 3630 by Farabee
Adds speech pathologists and educational diagnosticians to the state minimum salary schedule. (TCTA is also working with Rep. Alma Allen on a similar bill, HB 3029, dealing with speech pathologists and audiologists.)


HB 3647 by Hochberg / SB 1499 by Van de Putte
Expands eligibility for pre-kindergarten to include children of teachers who teach at a school where at least 99 percent of the students are economically disadvantaged.


HB 4014 by Weber
Provides that a school board or school employee may not directly or indirectly require a teacher to make a contribution to a charitable organization or fundraiser, or attend a meeting called for the purpose of soliciting charitable contributions. A teacher also cannot be required to refrain from making such a contribution or attending such a meeting.


HB 4015 by Weber
Provides that the commissioner’s paperwork reduction policy must include a provision that any rule adopted by the commissioner must state whether it requires a principal or teacher to complete a written report or other paperwork. Specifies that written information includes electronic methods. Requires the commissioner to establish and publicize among teachers and other appropriate persons a process by which complaints can be made concerning the imposition of excessive paperwork requirements.


HB 4544 by Raymond/SB 2375 by Lucio
Provides that no more than 10 percent of the students in a regular education classroom can be special education students. If a district exceeds that limit, the district must (upon the request of the teacher) assign at least one additional teacher or aide to the classroom; provide substantive assistance in the form of co-teaching, mentoring, or collaborative planning and preparation time; or provide the teacher with training that relates to instruction of students with disabilities and is designed for educators who work outside of special education.


SB 2033 by Nelson
Requires districts to adopt a grading policy that must require a classroom teacher to assign a grade that reflects the student’s mastery of an assignment, and that may not require a teacher to assign a minimum grade without regard to the student’s quality of work.


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Posted: 03/30/09 (from "The Classroom Teacher" Spring 2009 edition)